Outline - Contracts Chapter 1 Introduction 1 Statutory Law...

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Contracts Chapter 1 - Introduction 1) Statutory Law i) Uniform Commercial Code (UCC) – to control the sale of goods and it is adopted by each state differently (UCC is encouraging the enforcement of K, people have free will – policy) ii) Code for International Sale of Goods (CISG) – to control the sale of goods internationally 2) Contract Principles a) Bargain – central belief that an agreement to exchange one thing for another gives rise to a mutual obligation. “ A deal is a deal” i) Free will, no coercion ii) Obligations held by each other (1) Kirksey v. Kirksey – (widow moves to brother-in law’s farm) (a) ROL : A mere gratuity does not constitute a contract because it lacks return consideration, and therefore need not to be enforced (i) His offer was a gratuity b/c he didn’t get anything in return; loss and inconvenience is not consideration for a K; the relationship b/ w the parties here suggests that we have a gift rather than a contract as well as asking for anything in return b) Reliance – idea that people do rely on each other in many situations in such that reliance is often morally and politically valuable i) Doesn’t deal with exchange (1) Ricketts v. Scothorn – (granddaughter is promised $$) (a) No consideration = No K; however K b/c of Promissory Estoppel (i) Equitable estoppel - I.e. held that an action on a note given to a church, college or other institution, upon the faith of which money has been expended or obligations incurred, could not be successfully defended on the ground of a want of consideration (ii) Promissory Estoppel – based off of equitable estoppel 1. Promise – A promises B something 2. B has to rely on the promise of A, meaning B changes her plan for the worse, based on A’s promise, and if A reneges, B will be “ in the hole” (detrimental reliance) 3. A and B need not be related, but the reliance has to be reasonable (i.e. written note in Ricketts) c) Restitution – one who violates a duty or commits some wrong ought to be required to repair any injury he/she has caused i) Sceva vs. Fanny True – (duty of care for the mentally incapacitated) (1) Not capable of making a K, however there was an implied K (a) Unjust enrichment (restitution) - duty to return or pay for a benefit unjustly retained; Remedy: the fair market value of the benefit rendered
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(i) Someone is receiving something of benefit - A gave a benefit, without receiving anything in return. (ii) What was given is a “benefit” (iii) The person receiving the benefit retains it and doesn’t give it back (iv)A must prove that B did not intend it as a gift, that A intended to get paid (v) (a) A must prove she wasn’t acting officiously (unwanted), (b) there was a good reasons for no K negotiation (not imposing on B, not meddlesome (interfering), could be an emergency, benefit is not unwanted); and © A was acting in good faith (no hidden agenda, no motive to take advantage of B)
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Outline - Contracts Chapter 1 Introduction 1 Statutory Law...

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